This Terms and Conditions (hereinafter – “Terms”) govern your use of K-MINE Software.

For this Terms:

i. “K-MINE”, “we”, “our”, and “us” means the company that is an owner of the Software which licensed you.

ii. “Officers” means our officers, directors, employees, consultants, affiliates, subsidiaries, and agents.

iii. “Services” means the scope of services provided by K-MINE, including but not limited: surveying, geology, open pit design, underground design, pit optimizer, drill & blast design, scheduling, stability analysis, safety assessment, grain size, ventilation, infrastructure by sharing license and access to the Software.

iv. “Software” means the program for your device (computer), which includes the modules described in the Services clause.

v. “User”, “you”, and “your” means any individual or legal entity who is using the Software and Services from K-MINE.

1. ELIGIBILITY

By agreeing to this Terms, you represent and warrant to us the following:

i. that you have not previously been suspended on the broken of the Software;

ii. that your use of the Software complies with applicable laws and regulations;

iii. that your use of the Software complies with the License Agreement signed with us.

2. LICENCE GRANT TO K-MINE

2.1. By providing information: any commercial data, technic information, and usage data (hereinafter – “Files”) through the Software or via other types of electronic communications, you approve the processing of your Files by us.

2.1.1. These Files may be downloaded from your end automatically by the Software.

2.2. We guarantee that all Files will be used only for data processing purposes by the Software, and any third party will not have any access to your Files without your additional permission.

2.3. You agree to provide the Software with the necessary access to the device unit and entitle the Software with the right to operate on your device.

3. SOFTWARE CUSTOMIZATION TERMS

3.1. We are not responsible for the accuracy of the Software on your device, for the accuracy of functionality after setting up the Software without our help, and for any problems caused by any changes in hardware performance or replacement of operating systems that may arise after you purchase the Software.

3.2. We are not responsible for incorrect configuration and use of the Software due to any damage caused to you

4. TERMINATION OF USE, DISCONTINUATION AND MODIFICATION/UPGRADING OF THE SOFTWARE

4.1. We have the right to modify/upgrade or discontinue the Software temporarily at any time (including, without limitation, by limiting or discontinuing certain features of the Software) without notice to you.

4.2. We do not have any liability whatsoever on account of any change to the Software or any suspension or termination of your access to or use of the Software.

5. OWNERSHIP; PROPRIETARY RIGHTS OF K-MINE

5.1. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements or files of the Software, materials of Services (hereinafter – “the Materials”) provided by K-MINE are protected by all relevant intellectual property and proprietary rights and applicable laws.

5.2. All Materials contained in the Software are the property of K-MINE.

5.3. If the Software contains any materials, interfaces, logos, designs, products, or something else that is not the intellectual property of K-MINE and K-MINE doesn’t have licenses for using it, the licensor has the right to request to delete its intellectual property from the Software according to the procedures defined in the Digital Millennium Copyright Act (hereinafter – “DMCA”) and/or Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC (hereinafter – “EUCD”).

5.4. We do not claim to be the owners or representatives of the trademarks, brands and intellectual properties of other sides and remain the property of the original copyright owners.

5.5. Except as expressly authorized by K-MINE in writing, you may not make use of the Materials.

5.6. K-MINE reserves all rights to the Materials not granted expressly in this Terms

6. PROHIBITED USES

6.1. As a condition of your use of the Software, you will not use the Software for any purpose that is unlawful or prohibited by this Terms. You may not use the Software in any manner that could damage, disable, overburden, disrupt or impair any of our servers or APIs, any networks connected to any of our servers or APIs, or that could interfere with any other party’s use and enjoyment of the Software.

6.2. You may not transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature using the Software.

6.3. You may not exceed or circumvent, or try to exceed or circumvent, limitations in the Software, including on any API calls, or otherwise use the Software in a manner that violates any of our documentation or user manuals.

6.4. You and/or any other third parties may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Software.

6.5. You and/or any other third parties may not use the Software in any way that violates any applicable state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the European Union, the USA, or other countries and intellectual property rights according to the DMCA and EUCD.

7. INDEMNITY

You agree to be responsible for using the Software, and you agree to defend, indemnify, and hold harmless K-MINE and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (hereinafter collectively, “the Officers”) from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with

i. your access to, use of, or alleged use of the Software;

ii. your violation of this Terms or any representation, warranty, or agreements referenced herein or any applicable law or regulation;

iii. your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or

iv. any disputes or issues between you and any third party. K-MINE reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations concerning such matter), and in such case, you agree to cooperate with our defence of the such claim.

8. DISCLAIMERS, NO WARRANTIES

8.1. The Software is made available to you on an “as is” and “as available” basis, with the express understanding that we have no obligation to monitor, control, or vet the content or data appearing in the Software.

8.2. You use the Software at your discretion and risk, and you take full responsibility for your using the Software.

8.3. K-MINE makes no claims or promises about the quality, accuracy, or reliability of the Software and expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.4. K-MINE does not offer and provide any physical products or property

9. LIMITATION OF LIABILITY

9.1. In any case, we will not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use of, or your inability to access or use, the Software or any materials or content in the Software, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not K-MINE have been informed about of the possibility of such damage.

9.2. K-MINE, in any case, is not responsible for services provided to you by the third party who advertised in the Software.

9.3. All risks related to your information, account, or accounts on other sources if you shared your data are not a part of our responsibility.

9.4. You accept responsibility for using the Software and K-MINE’s Services.

10. GOVERNING LAW

This Terms will be governed by the laws of the State of Delaware, the USA, without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and K-MINE agree to submit to the personal and exclusive jurisdiction of the state courts located in the State of Delaware, the USA, to litigate all such disputes.

11. CHANGES TO THIS TERMS

11.1. We reserve the right to make modifications to this Terms at any time. Revised versions of this Terms will be posted on the Website or in the Software. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted on the Website.

11.1.1. We are not obliged to inform you about changes in this Terms.

11.2. If you disagree with the revised Terms, your sole and exclusive remedy will be to discontinue your use of the Software.

12. PAYMENT

12.1. All prices, provisions and conditions of licensing and payments are defined in the License Agreement.

13. REFUND AND TERMINATION OF LICENSE

13.1. We are not providing any refund support for you.

13.2. You have the right to terminate the Software’s license, but in any case, we will not send you the refund. You are obliged to use the paid period to the expiry date.

14. GENERAL

14.1. This Terms, together with the License Agreement and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and K-MINE regarding your use of and access to the Software and the Services.

14.2. Use of section headers in this Terms is for convenience only and will not have any impact on the interpretation of provisions.

14.3. You have no rights to assign or transfer this Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent.

14.4. We have the right to assign this Terms at any time without notice.

14.5. The failure to require performance of any provision will not affect K-MINE’s right to require performance at any time thereafter, nor will a waiver of any breach or default of this Terms or any provision of this Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

14.6. If any part of this Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

14.7. You acknowledge that the Software is not intended to be technology protection measures that will help you to comply with the GDPR and CCPA.

15. COMMUNICATION AND NOTIFICATIONS

15.1. The entire communication with K-MINE is electronic. Every time you send us an email or use our Services and/or the Software, you will be communicating with K-MINE.

15.2. You hereby consent to receive communications from K-MINE.

15.3. We will continue to communicate with you by providing notifications through the Website or posting news on our social media. Links to our official social media and contact information you can find on our Website.

15.4. You also agree that all electronic notices, disclosures, agreements, and other communications we provide meet the legal requirements that such communications be in writing.

16. MARKETS TERMS

K-MINE grants you a non-exclusive, non-transferable, non-sublicensable license to use the Software on your Device that you own or control. K-MINE reserves all rights in and to the Software not expressly granted to you under this Terms. Except as expressly permitted in this Terms, you may not:

i. copy, modify or create derivative works based on the Software;

ii. distribute, transfer, sublicense, lease, lend or rent your account in the Software to any third party;

iii. reverse engineer, decompile or disassemble the Software; or

iv. make the functionality of the Software available to multiple users through any means.

17. OTHER CONDITIONS

17.1. If there is a conflict between this Terms and additional terms applicable to a given Software, the additional special terms will control that conflict.

17.2. If you do not agree to this Terms, you must not access or use the Services, and the Software.

17.3. K-MINE provides Services to you, which are subject to the conditions stated in this Terms. You follow all these conditions and rules every time you visit/use the Service and the Software.

If you have any legal questions please email us legal@k-mine.com

Last updated: 16.01.23